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Where the rubber meets the road: Evidentiary burdens and gain-based remedies in product liability class actions

Canada - May 31 2021 The Alberta Court of Appeal recently overturned a class certification order and made important comments on a representative plaintiff’s evidentiary…

Stephen Armstrong.

Developments across the pond: Will the UK courts’ expansion of parent company liability be adopted in Canada?

Canada, United Kingdom - March 22 2021 Since the English case of Saloman v. Saloman & Co in 1896, the common law has generally protected a parent company from sharing in the liability of…

Seth Whitmore.

First Merits Decision for Secondary Market Misrepresentation Class Action

Canada - March 8 2021 Until recently, Ontario courts had not considered on the merits a class action under the secondary market misrepresentation provisions of the Ontario…

Sonja Pavic.

Ontario Superior Court recognizes new cause of action addressing internet harassment

Canada - February 9 2021 In Caplan v. Atas (Caplan), Justice Corbett took the extraordinary step of recognizing a new common law tort of internet harassment in response to an…

Swetha Popuri, Karin Sachar.

Ontario Court of Appeal applies “anti-SLAPP” framework to dismiss negligence claim

Canada - January 21 2021 The Court of Appeal for Ontario has just released a pair of noteworthy decisions [PDF] on Ontario’s anti-SLAPP legislation. They provide a useful…

Graham Buitenhuis.